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Admin PD Permit - 2009October 29, 2009 Ms. Yang Deng Hollenkamp 14194 Clayton Road San Jose, CA 95127 Re: Administrative Planned Development Permit File No: PLN2009-126 ~ 509 E.Campbell Avenue Dear Ms. Hollenkamp, The Community Development Director has conditionally approved your Administrative Planned Development Permit on October 27, 2009, to allow the establishment of a day spa use within an existing commercial building on property located at the above referenced address. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5:00 p.m. on November 6, 2009 and is subject to the attached conditions of approval. If you should have any questions regarding this approval, please do not hesitate to contact me at (408) 866-2144 or by email at timh,acitvofcam~bcll.com. Sincerely Tim Haley Senior Planner encl: Staff Report/Conditions of Approval for File No. PLN2009-126 cc: Frank Mills, Senior Building Inspector Paul Kermoyan, Planning Manager Ana Spears, Police Agent Lloyd Square Associates, LLC, 54 N. Central Ave., Suite 101, Campbell ,CA 95008 October 27 , 2009 PLN2009-126 Application of Yang Deng Hollenkamp to establish a day spa use in an Hollenkamp, Y. existing commercial building located at 509 E. Campbell Avenue, on property owned by Lloyd Square Associates LLC in the P-D (Planned Development) Zoning District. STAFF RECOMMENDATION That the Community Development Director take the following action: 1. Approve the Administrative Planned Development Permit, incorporating the attached findings, to allow the establishment of a day spa use at 509 E. Campbell Avenue, subject to the attached Conditions of Approval. ENVIRONMENTAL DETERMINATION Staff recommends that the Community Development Director find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations to existing private structures. PROJECT DATA Lot Area: 62,290 square feet (1.43 acres) Site Utilization: Building Coverage: 17,600 square feet (28.2%) Subject Tenant Space: 2,142 square feet (12.2 %) Parking Required 1 Parking space per 250 square feet of gross floor area equals 8.5 or 9 parking spaces) Parking Provided: 83 Parking spaces for the retail center at a ratio of 1:212 with a shared parking arrangement DISCUSSION Applicant's Proposal: The applicant is requesting approval of an Administrative Planned Development Permit for the establishment of a day spa use to accommodate massage, body treatments, feet massage and facials within an existing 2,142 square foot tenant space, formerly occupied by New Century Title Company, in an existing 12,600 square foot one-story multi- tenant commercial building. No expansion of the existing building is proposed and there are no Staff Report - Administrati~c Hearing of October 27, 2009 PLN2009-126 ~ 509 East Campbell Avenue Page 2 proposed changes to exterior of the building. The proposed hours of operation will be 10:30 a.m. to 9:30 p.m., seven days a week. Project Location: The project site is located on the north side of East Campbell Avenue between Foote Avenue and Page Street. The project site is surrounded by commercial uses to the south, east, and west and townhomes uses to the north. The proposed tenant space is located in the north western corner of the property. ANALYSIS General Plan Desi nom: The General Plan land use designation for the project site is Central Commercial. The proposed day spa use is consistent with this land use designation. 1. The Downtown Development Plan Policies identify the goal to develop a mix of economically viable commercial uses downtown creating a balance of daytime and evening activities. 2. The Central Commercial designation is intended to provide shopping, services and entertainment. Zoning Desi ng ation: The zoning designation for the project site is P-D (Planned Development). An Administrative Planned Development Permit is required for the establishment of a new use in an existing tenant space within the P-D Zoning District. Parkin: Pursuant to the Campbell Parking and Loading Ordinance, one parking space per every 250 square feet of gross floor area is required for a commercial service use. There are 83 parking spaces on site. Staff feels that there is adequate parking on site for this specific change of use. Si_~nag_e: No signage is approved as part of the development application approved herein. Attachments: 1. Findings for Approval of File No. PLN2009-126 2. Conditions of Approval for File No. PLN2009-126 3. Applicant's Written Statement 4. Project Plans 5. Location Map h Prepared by: 1 ~---- Tim Haley, S mor Planner Approved by: Kirk e' s, Community Development Director Attachment # 1 FINDINGS FOR APPROVAL OF FILE NO. PLN2009-126 SITE ADDRESS: 509 East Campbell Avenue APPLICANT: Yang Deng Hollenkamp DATE: October 27, 2009 Findin s for Approval of an Administrative Planned Development Permit for the establishment of a day spa use on property located at 509 E. Campbell Avenue The Community Development Director finds as follows with regard to file number PLN2009-126: 1. The project will be consistent with the General Plan land use designation of Central Commercial which permits personal service uses and is used to determine allowable uses in this specific P-D zoning district. Personal service use such as a day spa use is compatible with the Central Commercial designation. 2. The project will be consistent with the P-D (Planned Development) Zoning District with approval of an Administrative Planned Development Permit. 3. The project site is 1.43 acres and is located on the north side of East Campbell Avenue between Foote Avenue and Page Street. The project site is surrounded by commercial uses to the south, east, and west and multi-family residential uses to the north. 4. The subject property is currently developed with aone-story multi-tenant commercial building. The location of the proposed tenant space is at the rear of the shopping center. 5. The existing shared 83 parking spaces will adequately address the parking needs of the subject site and the new personal service use with a parking demand of 9 spaces. 6. The establishment of a 2,124 square foot personal service use will not create a nuisance due to litter, noise, traffic, vandalism, or other factors. 7. The establishment of a commercial service use will not significantly disturb the peace and enjoyment of the nearby residential neighborhood. 8. The business operating hours shall be restricted to 10:30 a.m. and 9:30 p.m. daily. 9. Business related activity shall be restricted to 6:00 a.m. to 11:00 p.m. daily. Business related activity includes set-up and clean-up activities. 10. No exterior modifications to the building are proposed. 11. The project qualifies as a Categorically Exempt project per Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Community Development Director further finds and concludes that: Attachment # 1 Page 2 of 2 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The development will be compatible with the Zoning Code of the City. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. AttarhmPnt #~ CONDITIONS OF APPROVAL FOR FILE NO. PLN2009-126 SITE ADDRESS: 509 East Campbell Avenue APPLICANT: Yang Deng Hollenkamp DATE: October 27, 2009 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Declaration of Acceptance of All Conditions: Within thirty (30) days of Community Development Director Approval, the applicant shall sign the final, approved set of Conditions of Approval. Until said Conditions are signed, the proposed Administrative Planned Development Permit shall not be valid for any permits sought from the City. 2. Approved Proiect: Approval is granted for an Administrative Planned Development Permit (PLN2009-126) for the establishment of a day spa use with skin care and massage services located at 509 E. Campbell Avenue. The project shall substantially conform to the project plans and project description received by the Planning Division on September 24, 2009, except as may be modified by the conditions of approval contained herein. * Planning sign off is required to prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body. 3. Administrative Planned Development Permit Approval Expiration: The Administrative Planned Development Permit approval shall be valid for one year from the date of final approval. Within this one-year period a building permit must be obtained and construction completed one year thereafter or the use must be established on the property and all Conditions of Approval fulfilled (if no building permit is required). Failure to meet these deadlines will result in the Administrative Planned Development Permit being void. 4. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be Attachment #2 Page 2 of 5 grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 5. Periodic Review of Use: The Community Development Director shall require a review of the Administrative Planned Development Permit upon the completion of one year of operation. Additionally, the Community Development Director may review the Administrative Planned Development Permit based upon a verified complaint filed with the Community Development Director at any time the need occurs. 6. Operational Hours: The hours of operation shall be restricted to 10:30 a.m. to 9:30 p.m. daily. 7. Business Related Activity: Business related activity shall be restricted to 6:00 a.m. to 11:00 p.m. daily. Business related activity includes set-up and clean-up activities. No employees shall be allowed on site- prior to 6:00 a.m. and after 11:00 p.m., except for emergencies. 8. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 9. Si na e: No signage is approved as part of the development application approved herein. All signage shall be installed and maintained consistent with the provision of the Sign Ordinance, Chapter 21.30 of the Campbell Municipal Code. 10. Location of Mechanical Equipment: No roof-mounted mechanical equipment (i.e. air conditioning units, ventilation ducts or vents), shall be added to the existing building without providing screening of the mechanical equipment from public view and surrounding properties. The screening material and method shall be architecturally compatible with the building and requires review and approval by the Community Development Director and Building Division prior to installation of such screening. 1 1. Parking, Driveways, and Maintenance: All parking and driveway areas shall be developed and maintained in compliance with the approved plans and Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. The project site shall maintain the 83 parking at all times. All parking areas shall be regularly swept and cleaned to remove litter and debris from the parking areas and driveways. 12. Landscape Maintenance: The owner/operator of the property shall provide on-going maintenance of the existing on-site landscaping. 13. On-Site Li 7hg_tin~: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. Attachment #2 Page 3 of 5 14. Noise: a. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, music, and/or public address system, generated by the subject use shall not be audible to a person of normal hearing capacity from any residential property. b. Noise Mana eg ment: In the event complaints are received by the City regarding noise, the Community Development Director may immediately modify the hours of operation and/or limit the extended hours of operation, subject to the project being brought back for an Administrative Hearing for review. 15. Trash & Clean Up: Trash and clean up shall not be done in the late evening or early morning hours. All trash and clean up shall be done between 6:00 a.m. and 11:00 p.m. daily. 16. Construction Activities: The applicant shall abide by the following requirements during construction: a. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. b. Truck routes to and from the construction site should be established and submitted to the City for review and approval prior to issuance of a building permit. These truck routes shall avoid access to the project site via residential streets where possible. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise-sensitive receptors such as existing residences and businesses. £ Prior to the issuance of building permits, the project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street so that the contractor can be made aware of noise complaints. g. Construction equipment, vehicles, and workers associated with the development of the project shall not be permitted to park on any residential streets. Building Division: 17. Permits Required: A building permit application shall be required for the proposed change in use in an existing commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 18. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Attachment #2 Page 4 of 5 19. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 20. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 21. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details, site address, and parcel numbers. Site parking and path of travel to public sidewalks shall be detailed. 22. Title 24 Energ~pliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 23. Special Inspections: When a special inspection is required by C.B.C. Chapter 17, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with C.B.C Appendix Chapter 1, Section 106. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 24. Non-Point Source: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" X 36") is available at the Building Division service counter. 25. Title 24 Accessibility -Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 26. Title 24 Accessibility -Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line completed, City of Campbell " 20%" exemption form on submitted construction plans. Form is available at Building Division service counter. 27. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District b. Santa Clara County Fire Department 28. P.G.& E.: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with P.G. and E. concerning utility easements, distribution pole locations and required conductor clearances. Attachment #2 Page 5 of 5 POLICE DEPARTMENT: 30. Massage Establishments: The applicant shall demonstrate compliance with Chapter 5.48 Massage Establishments and Therapist of the Campbell Municipal Code prior to the issuance of a business license and/or building occupancy. Acknowledged & Accepted: Yang Deng Hollenkamp, Applicant